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New York woman faces a year in prison over Facebook tag

January 16, 2016  |  Posted by: JammedUp Staff
New York woman faces a year in prison over Facebook tag Photo: Getty Images

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Be careful, even a tag on a Facebook post can and will be used against you in a court of law.

A woman in Westchester County, New York is facing up to a year in jail after she violated an order of protection issued by a judge involving her former sister-in-law after she tagged the woman in an insulting Facebook post.

Maria Gonzalez tagged Maribel Calderon in two Facebook posts where she called her “stupid” and wrote “you and your family are sad, You guys have to come stronger than that!! I’m way over you guys but I guess not in ya agenda.”

The post now has Gonzalez second-degree criminal contempt after she was barred from contacting the woman following her bitter divorce from the victim’s brother, Rafael Calderon.

Gonzalez claimed in court that the order of protection “did not extend” to communication on social media including Facebook when she tagged Calderon on the posts.

However, the Westchester County Supreme Court disagreed with her contention. Judge Susan Capeci issued a ruling stating, “The order of protection strictly prohibits the defendant from contacting the secured party by any means including electronic.”

Manhattan-based divorce attorney Michael Stutman, says the ruling shows the age-adage: “Everything you post anywhere can be used against you.”

Gonzalez’s attorney, Kim Frohlinger, said she would not appeal the ruling.

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